The Chief Judge of The State of New York , Judge Litman, has recently commented  about a new court rule. The court rule requires attorneys for financial institutions to file an affirmation that they have taken all reasonable steps to verify the accuracy of courts papers that they file in support of residential foreclosure proceedings.

This new court rule is an outgrowth of the problems concerning the accuracy of court documents in foreclosure proceedings in New York State. Chief Judge Jonathan Litman  said “we have an obligation to make sure the attorneys do their do diligence and come to us with credible papers because the consequences of wrongful foreclosures are so great”.

Verification Under Penalties Of Perjury

All future court papers in foreclosure proceedings have to be verified by attorneys
under penalties of perjury. The attorneys must make a diligent inquiry as to the accuracy and truthfulness of said documents. Attorneys must attest “to the best of my knowledge upon information and belief, the summons and complaint and all the documents filed in support of this action for foreclosure are complete and accurate in all relevant respects”.

The intent of this new statue is to deal with problems with regard to financial institution filing inaccurate or bogus notarized affidavits signed by “robo signers”. The courts seek to avoid the wrongful filing and prosecution of foreclosure proceedings.

Investigations are continuing in all 50 states and the District of Colombia with regard to whether the mortgage companies have violated state laws concerning the foreclosure proceedings.

Its hopeful that these new procedures set forth by the administrative judge will deal with some of the inaccuracies and false documents that have been that have been filed in the past in foreclosure proceedings in New York State.

About Our Firm

For more than 45 years our law firm has assisted individuals with mortgage modifications, foreclosure defense and lawsuits involving creditors. We have expertise in defending homeowners in foreclosure lawsuits. We have litigated cases involving predatory lending practices. We are also familiar with the issues involving failed mortgage modification programs. Should you, a friend or family  member be involved  in a foreclosure.  You need a foreclosure defense attorney to represent you.  Our experience in representing  individuals in all aspects of foreclosure defense including but not limited to foreclosure defenses and litigating foreclosure issues makes us one of the foremost foreclosure defense law firms in the metropolitan New York area. Feel free to call us for a free consultation at 516-561-6645, 718-350-2802 or 1-800-344-6431. We are available 7 days a week.